Letter from the President to Congress Concerning Declarations to the IAEA
TEXT OF A LETTER FROM THE PRESIDENT
TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES
AND THE PRESIDENT OF THE SENATE
March 17, 2010
Dear Madam Speaker: (Dear Mr. President:)
This letter submits additions and deletions to the list of sites, facilities, locations, and activities in the United States declared in 2009 to the International Atomic Energy Agency (IAEA) under the Protocol Additional to the Agreement between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States of America, with Annexes, signed at Vienna on June 12, 1998 (the "U.S.-IAEA Additional Protocol"). This letter constitutes the report and notifications required by section 272 of Public Law 109-401 and the resolution of advice and consent to ratification of the United States Senate of March 31, 2004. Further, I hereby certify that:
(1) each site, location, facility, and activity included in the list has been examined by each agency with national security equities with respect to such site, location, facility, or activity;
(2) appropriate measures have been taken to ensure that information of direct national security significance will not be compromised at any such site, location, facility, or activity in connection with an IAEA inspection; and
(3) any additions to the lists of locations within the United States that are provided to the IAEA pursuant to Article 2.a.(i), Article 2.a.(iv), Article 2.a.(v), Article 2.a.(vi)(a), Article 2.a.(vii), Article 2.a.(viii), and Article 2.b.(i) of the U.S.-IAEA Additional Protocol will not adversely affect the national security of the United States.
None of the deletions to the list of locations that was previously declared to the IAEA pursuant to Article 2.a.(i), Article 2.a.(iv), Article 2.a.(v), Article 2.a.(vi)(a), Article 2.a.(vii), Article 2.a.(viii), and Article 2.b.(i) of the U.S.-IAEA Additional Protocol were due to such locations having direct national security significance.
The IAEA classification of the enclosed declaration is "Highly Confidential Safeguards Sensitive." The United States regards this information as "Sensitive but Unclassified." Under Public Law 109-401, information reported to, or otherwise acquired by, the United States Government under this title or under the U.S.–IAEA Additional Protocol shall be exempt from disclosure under section 552 of title 5, United States Code. Therefore, none of the enclosed documents should be printed, published, posted on any website, or otherwise made publicly available.